48Costs

48 Costs

(1) The costs of, and incidental to, all proceedings in the Tribunal are in the discretion of the Tribunal and it has full power to determine by whom, to whom and to what extent the costs are to be paid.

(2) Subsection (1) is subject to this section and to—

(a) any scale of costs under section 46(1); and

(b) the rules; and

(c) any practice directions.

S. 48(3) repealed by No. 54/2000 s. 17.

(4) A legal practitioner acting for an applicant for assistance under this Act is not entitled—

(a) to recover from the applicant any costs in respect of proceedings before the Tribunal; or

(b) to claim a lien in respect of any such costs on any sum payable as assistance under this Act; or

(c) to deduct any such costs from any such sum—

except to the extent to which the costs have been allowed as between the legal practitioner and the client by the Tribunal on the application of the legal practitioner or of the client.

(5) Except as allowed by the Tribunal, a person must not charge for the making of an application to the Tribunal or for appearing on behalf of an applicant.

S. 48(6) amended by Nos 18/2005 s. 18(Sch. 1 item 113.2), 17/2014 s. 160(Sch. 2 item 103.2).

(6) Subsections (4) and (5) have effect despite anything to the contrary in the Legal Profession Uniform Law (Victoria) or the Legal Profession Uniform Law Application Act 2014.